Mangalam Ammal vs Jayasingh on 1 July, 2021
12.Uttaranchal High Court, in the case of Ambrish Kumar Agarwal Vs.
Thakur Dass in W.P.No.2226 (MS) of 2015 dated 08.09.2015 while dealing with the
Plaintiff's failure to carry out the amendment in the duplicate plaint, has held that if
Order VII Rule 11 (e) CPC is read with Order IV Rule 1 and Order VI Rule 18 CPC,
the only interpretation would be that if plaint is not filed in duplicate and plaintiff has
failed to file duplicate copy of the plaint within such extended time, as the Court
directs, Court may reject the plaint for non-compliance of Order IV Rule 1 CPC,
since, filing of plaint without duplicate copy shall not be deemed to be duly instituted
as envisaged under Sub-rule 3 of Rule 1 of Order IV CPC. By holding so, the High
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https://www.mhc.tn.gov.in/judis/
C.R.P(PD)(MD)No.757 of 2020
Court has directed the trial Court to give a reasonable time to the plaintiff to carry-out
the amendment in the duplicate plaint and in case, if the plaintiff fails to carry-out the
same, the trial Court shall be at liberty to pass appropriate orders, in accordance with
law.